The main legal point established is the requirement for specific allegations and material evidence to support charges of forgery, criminal breach of trust, and related offenses.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard learned counsel for the revisionist, learned counsel for the opposite party No. 2 as well as learned AGA for the state and perused the material placed on record.

2. By means of instant criminal revision, the accused-revisionist has assailed impugned order dated 12.11.2022, passed by Additional Chief Judicial Magistrate, Second, Gorakhpur, in Criminal Case No. 5289 of 2017 (State vs. Brijendra Swaroop Jaiswal) under Section 419, 420, 467, 468, 471, 504, 409 IPC, Police Station Shahpur, District Gorakhpur, whereby the discharge application moved by the revisionist has been dismissed.

3. The factual matrix of the case in brief, relevant for the present revision are that the informant, who is respondent No. 2 before this Court, lodged an FIR on 14.4.2017 against revisionist accused with averment that he is Manager of Kanhaiya Junior High School, Shahpur, Geeta Vatika, Gorakhpur. He had arrayed Brijendra Swaroop Jaisawal, as accused, who was posted as Head Master in said school on 8.11.2016 for committing indiscipline and financial irregularities. However, he appended his signature on attendance Register during period of suspension on 17.3.2017 and trespassed into office and abused the clerk and assistant Head Master. The suspended Head Master Sri Brijendra Swaroop Jaisawal was asked to open Head Master room on many times but he did not made the key of the chamber available. The manager/informant brought this fact to the knowledge of Sub Divisional Magistrate, Gorakhpur and departmental officers. On directions of SDM, Sadar, Sri Shashank Shekhar Rai, Nayab Tehsildar, Gorakhpur visited the office of the school and got the chamber of Head Master unlocked on 22.3.2017. On intensive inquiry of said room, many documents related to school work were not found therein. The suspended Head Master misplaced the files relating to approval of service book of ten employees, scholarship distribution register, records relating to recognition, with mala-fide intention, which amounts to criminal breach of trust. Many fake and forged documents were found during inspection of Head Master’s chamber, which were sealed in the presence of Magistrate. The FIR was lodged against the revisionist under Section 419, 420, 467, 468, 471, 504, 409 IPC and the police investigated the case and recorded statements of the informant-Acting Head Master, Sri Chandrabhan Singh, Teacher of Kanhaiya Junior High School and Sri Anil Chaudhary, Sri Krishna Kant Sharma, Sri Ram Surat Patel-office clerks, Sri Inarmal Prasad, Sri Rajesh Maurya, office attendants and other witnesses and collected some documents during investigation and after finding the complicity of the accused, submitted charge-sheet against him with prayer to prosecute him before the court in said sections.

4. Learned Magistrate took cognizance of the offence on 3.6.2017 and issued process to the accused. The accused was enlarged on bail. He assailed the charge-sheet and cognizance taking order as well as entire criminal proceeding pursuant to criminal Case No. 5289 of 2017, under Section 419, 420, 467, 468, 471, 504, 409 IPC, Police Station Shahpur, District Gorakhpur, before this Court, which was dismissed by this Court with observation that on perusal of FIR and material collected by Investigating Officer, on the basis of which the charge-sheet has been submitted, it makes out a prima facie case against the accused at this stage and the Court did not find any justification to quash the charge-sheet or the cognizance or the proceeding against the applicant arising out of them. The accused moved an application for discharge before the court below at the stage of commencement of trial on 18.8.2022 on grounds that the informant is real younger brother of the accused-applicant, who has lodged a false FIR against him to grab the property of the school. The Investigating Officer has submitted the charge-sheet against the applicant without carrying out proper and fair i